Chinese Non-competition Regime Under The Protection Of Trade Secrets

Protection of trade secrets and non-compete is an effective means of maintaininga market economy, however, due to our special conditions and technical aspects of thelegislation, the law of our country is relatively non-compete provisions ongeneralization, coupled with the lack of appropriate judicial interpretation, whichgives our judicial practice related to problem solving has brought some difficulties.Although in recent years many scholars of the academic community on issues relatedto non-compete conducted a lot of research, but there are still many problems noconsensus and resolve. This paper analyzes the interpretation of specific cases, makesome legislative proposals, and I hope to be helpful to the judicial practice.This paper is divided into four parts:Part I: Introduction and merits of the case the focus of controversy. Firstintroduced on the merits; Secondly, according to advocates of both the prosecutionand the defense concluded that the main focus of controversy in different case, andthen again to strengthen the focus of controversy in this case, depending on both thetrial court’s judgment.Part II: Definition of trade secrets and non-compete and contact. The first part ofthe definition and scope of trade secrets constituent elements are discussed in this caseon the basis of an analysis of the focus of controversy; then analyzes the non-competevalue where trade secret protection, and given the focus of controversy in the casetheir views.Part III: Conflict and coordination non-compete and labor rights. The first partfocuses on the implementation of non-competition in conflict with the interests ofworkers; followed in order to coordinate this conflict from different perspectivesshould make a reasonable description of the non-compete restrictions; Finally, theanalysis of the case and give a focus of controversy their own point of view.Part IV: non-compete system of review and improvement suggestions. First, I practice two aspects of the problems at this stage non-compete system from thelegislative and judicial; secondly I made some suggestions to improve ournon-compete system from both the legislative and judicial practice.